H. B. 3075
(By Delegates E. Nelson, Storch, Ferns, Diserio,
D. Evans, Ferro, Jones and Swartzmiller)
[Introduced March 22, 2013; referred to the
Committee on Energy, Industry and Labor, Economic
Development and Small Business then the Judiciary.]
A BILL to amend and reenact §22-15A-22 of the Code of West
Virginia, 1931, as amended, relating to permitting the
disposal of drill cuttings and associated drilling mud
generated from well sites in solid waste landfills, even if
the disposal pushes the landfill above its maximum monthly
permitted limits; providing that those facilities may only be
allowed to exceed permitted tonnage limits by a maximum of
forty percent of waste comprised solely of drill cuttings and
associated drilling mud; and prohibiting a solid waste
facility from refusing to take municipal solid waste until it
has reached its monthly permitted limit.
Be it enacted by the Legislature of West Virginia:
That §22-15A-22 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 15A. THE A. JAMES MANCHIN REHABILITATION ENVIRONMENTAL ACTION PLAN.
§22-15A-22. Prohibition on the disposal of certain items; drill
cuttings and drilling mud exception; plans for the
proper handling of said certain items required;
effective date.
(a) It is unlawful to dispose of lead-acid batteries in a
solid waste landfill in West Virginia.
(b) It is unlawful to dispose of tires in a solid waste
landfill in West Virginia except for waste tires collected as part
of the department's waste tire remediation projects or other
collection efforts in accordance with the provisions of this
article or the pollution prevention program and open dump program
or other state-authorized remediation or clean up programs:
Provided, That waste tires may be disposed of in solid waste
landfills only when the state agency authorizing the remediation or
clean up program has determined there is no reasonable alternative
available.
(c) It is unlawful to dispose of yard waste in a solid waste
facility in West Virginia: Provided, That the prohibitions do not
apply to a facility designed specifically to compost yard waste or
otherwise recycle or reuse yard waste: Provided, however, That
reasonable and necessary exceptions to the prohibitions may be
included as part of the rules promulgated pursuant to subsection (f).
(d) Effective January 1, 2011, covered electronic devices, as
defined in section two of this article, may not be disposed of in
a solid waste landfill in West Virginia.
(e) Notwithstanding any other section of this code, effective
July 1, 2013, a commercial solid waste facility may lawfully
receive drill cuttings and associated drilling mud generated from
well sites, even if the amount of the cuttings and mud would cause
the facility to exceed its monthly tonnage limits as set forth on
its permit issued by the West Virginia Department of Environmental
Protection. However, a commercial solid waste facility may only be
allowed to exceed its monthly permitted tonnage limit by a maximum
percentage of forty percent of its limit and all waste deposited
above the permitted tonnage limits shall be comprised solely of
drill cuttings and associated drilling mud. However, further,
under no circumstances may a solid waste facility exclude or refuse
to take municipal solid waste until it has reached its monthly
permitted tonnage limits.
_____(e) (f) The Solid Waste Management Board shall design a
comprehensive program to provide for the proper handling of yard
waste, lead-acid batteries, tires and covered electronic devices.
(f) (g) The secretary shall promulgate rules, in accordance
with chapter twenty-nine-a of this code, to implement and enforce
the program for yard waste, lead-acid batteries, tires and covered electronic devices designed pursuant to subsection (d).
(g) (h) The secretary's rule shall provide for the disposal of
yard waste in a manner consistent with one or any combination of
the following:
(1) Disposal in a publicly or privately operated commercial or
noncommercial composting facility;
(2) Disposal by composting on the property from which domestic
yard waste is generated or on adjoining property or neighborhood
property if consent is obtained from the owner of the adjoining or
neighborhood property;
(3) Disposal by open burning, where not prohibited; or
(4) Disposal in a publicly or privately operated landfill,
only where none of the foregoing options are available. The manner
of disposal shall only involve small quantities of domestic yard
waste generated only from the property of the participating
resident or tenant.
NOTE: The purpose of this bill is permit the disposal of drill
cuttings and associated drilling mud generated from well sites in
solid waste landfills, even if the disposal pushes the landfill
above its maximum monthly permitted limits. The bill provides that
those facilities are only allowed to exceed permitted tonnage
limits by a maximum of forty percent of waste comprised solely of
drill cuttings and associated drilling mud. The bill prohibits a
solid waste facility from refusing to take municipal solid waste
until it has reached its monthly permitted limit.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.